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SAMPLES v. BALLARD

No. 16-6740.

860 F.3d 266 (2017)

James Timothy SAMPLES, Petitioner-Appellant, v. David BALLARD, Warden, Mount Olive Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2017.

Attorney(s) appearing for the Case

ARGUED: Wesley Paul Page , FLAHERTY SENSABAUGH BONASSO PLLC, Charleston, West Virginia, for Appellant. Thomas M. Johnson, Jr. , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee. ON BRIEF: Patrick Morrisey , Attorney General, Elbert Lin , Solicitor General, Shannon Frederick Kiser , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge Floyd wrote the opinion, in which Judge Traxler and Judge Diaz joined.

This petition for relief under 28 U.S.C. § 2254 comes before this Court pursuant to a grant of a certificate of appealability by the district court. The district court below rejected arguments from Appellant-Petitioner James Samples based on Samples's failure to raise them before the magistrate judge. Acknowledging, however...

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